[Towertalk] NYS PRB-1 TEXT and Rationale

Herbert Sweet k2gbh@arrl.net
Mon, 01 Jul 2002 08:45:00 -0400


As has been pointed out, many localities have zoning that prohibit any
structure over 35 feet. It is a fairly common standard.  And in some
places it is even worse for us.  In a town near me, they refuse to
permit a local ham to construct a tower higher than fifteen feet!

Please keep in mind that it is the legitimate function of local
government to protect it citizenry.  In all aspects of living, not just
our towers, as much as we would all "like to be left alone",  there are
many individuals that will not exercise good judgement or concern for
their neighbors and this is where government is needed.  In this case
the issues are safety and esthetics.

This bill will not prohibit towers over 95 feet.  What it will do, is
prevent towns from arbitrarily prohibiting towers below that limit.
Ninety five feet is an ambitious number and is the limit of what the
legislation group felt was achievable.  Increasing that limit to
accommodate the super sized towers, as much as we would like to have
done so, would likely have raised more eyebrows than aye votes.

In regards to out of state hams participating in the effort,  my sense
is that it probably would be counterproductive.  I will get some more
information on that and report later.

Herb Sweet
K2GBH
Town of Hyde Park Master Plan and Zoning Review Committee  -- since 1993

ARRL Local Government Liaison
ARRL State Government Liaison
NYS PRB-1 Legislative Group



                                   S T A T E   O F   N E W   Y O R K

________________________________________________________________________

                                                1565--C

                                      2001-2002 Regular Sessions

                                         I N  A S S E M B L Y

                                           January 16, 2001
                                              ___________

               Introduced  by  M.  of A. TOCCI, TONKO -- Multi-Sponsored
by -- M. of A.
                 SCHIMMINGER, SMITH, WEISENBERG  --  read  once  and
referred  to  the
                 Committee  on Local Governments -- committee
discharged, bill amended,
                 ordered reprinted as amended and  recommitted  to
said  committee  --
                 again  reported from said committee with amendments,
ordered reprinted
                 as amended and recommitted to said committee --
reported and  referred
                 to the Committee on Rules -- Rules Committee
discharged, bill amended,
                 ordered reprinted as amended and recommitted to the
Committee on Rules

               AN  ACT  to  amend  the  general  municipal  law,  in
relation  to  the
                 construction and use of antennas by amateur radio
operators and limit-
                 ing restrictions regarding antenna support structures

                 THE PEOPLE OF THE STATE OF NEW YORK, REPRESENTED IN
SENATE AND  ASSEM-
               BLY, DO ENACT AS FOLLOWS:

            1    Section  1. The general municipal law is amended by
adding a new arti-
            2  cle 13-E to read as follows:
            3                                ARTICLE 13-E
            4                                ANTENNAS AND
            5                     ANTENNA SUPPORT STRUCTURES; AMATEUR
            6                               RADIO OPERATORS
            7  SECTION 300. DEFINITIONS.
            8          301. PROHIBITIONS.
            9    S 300. DEFINITIONS. AS USED IN THIS ARTICLE:
           10    1. THE TERM "ANTENNA" MEANS AN ARRAY OF WIRES, TUBING
OR THE LIKE USED
           11  FOR THE TRANSMISSION AND RECEPTION OF RADIO WAVES.
           12    2. THE TERM "ANTENNA SUPPORT STRUCTURE" MEANS A
STRUCTURE OR FRAMEWORK
           13  THAT IS DESIGNED TO ELEVATE AN ANTENNA ABOVE THE GROUND
FOR THE PURPOSES
           14  OF INCREASING THE EFFECTIVE COMMUNICATIONS RANGE AND
RELIABILITY  OF  AN
           15  AMATEUR  RADIO  STATION.  AMATEUR  RADIO  ANTENNA SUPPORT
STRUCTURES ARE
           16  REMOVABLE BY DESIGN AND THEREFORE ARE  A  REMOVABLE
STRUCTURE  FOR  TAX
           17  ASSESSMENT PURPOSES.

                EXPLANATION--Matter in ITALICS (underscored) is new;
matter in brackets
                                     { } is old law to be omitted.

LBD01846-08-1

               A. 1565--C                          2

            1    3.  THE  TERM "AMATEUR RADIO" MEANS THE USE OF AMATEUR
AND AMATEUR-SA-
            2  TELLITE RADIO FREQUENCIES  AND  SERVICES  USED  BY
LICENSED,  QUALIFIED
            3  PERSONS OF ANY AGE WHO ARE INTERESTED IN RADIO TECHNIQUE
WITHOUT PECUNI-
            4  ARY  INTEREST. THESE SERVICES PRESENT AN OPPORTUNITY FOR
PUBLIC SERVICE,
            5  SELF-TRAINING, INTERCOMMUNICATION, AND TECHNICAL
INVESTIGATIONS.
            6    4.  THE  TERM  "AMATEUR  RADIO OPERATOR" MEANS ANY
PERSON WHO HAS BEEN
            7  DULY EXAMINED AND LICENSED BY THE FEDERAL COMMUNICATIONS
COMMISSION  OR
            8  ITS  DESIGNEE  FOR THE OPERATION OF TRANSMITTING AND
RECEIVING APPARATUS
            9  ON RADIO FREQUENCIES INTERNATIONALLY AGREED UPON  FOR
THE  USE  OF  THE
           10  AMATEUR RADIO SERVICE.
           11    S  301.  PROHIBITIONS.  1.  NO POLITICAL SUBDIVISION
ZONING ORDINANCE,
           12  BY-LAW, RULE, REGULATION, ORDER OR OTHER LOCAL LAW  OR
ORDINANCE  SHALL
           13  PROHIBIT  OR  EFFECTIVELY PROHIBIT THE CONSTRUCTION OR
USE OF AN ANTENNA
           14  SUPPORT STRUCTURE BY A FEDERALLY LICENSED AMATEUR  RADIO
OPERATOR.  ANY
           15  SUCH  POLITICAL  SUBDIVISION ZONING ORDINANCE, BY-LAW,
RULE, REGULATION,
           16  ORDER OR OTHER LOCAL LAW OR ORDINANCE IMPACTING THE
PLACEMENT, SCREENING
           17  OR HEIGHT OF ANTENNA  SUPPORT  STRUCTURES  MUST
REASONABLY  ACCOMMODATE
           18  EFFECTIVE OPERATION OF AMATEUR RADIO ANTENNAS AND SHALL
IMPOSE THE MINI-
           19  MUM  REGULATION  NECESSARY  TO  ACCOMPLISH  THE
POLITICAL SUBDIVISION`S
           20  LEGITIMATE PURPOSE. ANY SUCH  POLITICAL  SUBDIVISION
ZONING  ORDINANCE,
           21  BY-LAW,  RULE,  REGULATION,  ORDER OR OTHER LOCAL LAW OR
ORDINANCE SHALL
           22  CONFORM TO THE LIMITED PREEMPTION ENTITLED "AMATEUR
RADIO  PREEMPTION",
           23  101 FCC 2ND 952 (1985) ISSUED BY THE FEDERAL
COMMUNICATIONS COMMISSION.
           24    2.  NO  POLITICAL  SUBDIVISION  ZONING  ORDINANCE,
BY-LAW, RULE, REGU-
           25  LATION, ORDER OR OTHER LOCAL LAW OR ORDINANCE SHALL: (A)
RESTRICT ANTEN-
           26  NA SUPPORT STRUCTURE HEIGHT TO LESS THAN NINETY-FIVE
FEET  ABOVE  GROUND
           27  LEVEL; OR (B) RESTRICT THE NUMBER OF ANTENNA SUPPORT
STRUCTURES.
           28    3.  NOTHING  IN  THIS  SECTION  SHALL  AFFECT THE
APPLICABILITY OF THE
           29  ADIRONDACK PARK AGENCY ACT, IN ACCORDANCE WITH ARTICLE
TWENTY-SEVEN  OF
           30  THE  EXECUTIVE  LAW,  AND THE JURISDICTION OF THE
ADIRONDACK PARK AGENCY
           31  OVER THE LOCATION AND HEIGHT OF STRUCTURES.
           32    S 2. This act shall take effect 180 days after it shall
have become  a
           33  law.
        .SO DOC A 1565C         *END*
BTXT                 2001